Jonathan Alper's Florida Asset Protection Blog had this head's up (or is it
"heads up") on a case involving a single-member LLC, here:

http://snipurl.com/bvm81 [floridaassetprotection_blogs_com]

In a blog post earlier this year I reported that the 11th Circuit Court of
Appeals had certified to the Florida Supreme Court the question of whether
a charging lien was a judgment creditor´s sole remedy against a debtor´s
membership interest in a single member LLC. The Florida Supreme Court
held oral argument on this case on January 8, 2009. A decision should be
issued soon. The case is Shaun Olmstead v. Federal Trade Commission,
SC08-1009.

The Florida Statutes provided that creditor remedies against a membership
interest is limited to a charging lien against the member´s economic interest
and distribution rights. The Statutes do not distinguish between multi-
member LLCs and single member LLCs in this regard. I listened to a
recording of the oral argument. Most justices expressed the opinion that the
charging lien remedy was designed to protect innocent members/partners in
an LLC or partnership, and that the charging lien restriction did not serve its
intended purpose when there were no members other than the debtor. The
court also recognized that the Statute clearly did not attempt to distinguish
between mult-member and single LLCs. The court and the attorneys
debated whether the Supreme Court should or could change the charging
lien procedure for single member LLCs within the existing statutory
framework without judicial modification of the statute.
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